The Study On Judges' System Of Nanking KMT Government

In a country and the society, judge takes the social dispute's final adjudicator. Its applicable legislation (substantive law and procedural law) decides directly whether the judicature is fair realized. Judge is called judge or justice in English, the meaning is "generic term whose responsibility is the ruling dispute and other submissions to the court for decision". In Cihai the explanation is "general term for the judge, regardless of what official title he is (judictor, adjudicating officer, judge assessor, judge and so on), may become a judge". Judge will be called the judge assessor in our country from the end of the Qing dynasty until the GMD Government escaped to Taiwan. In December 12,1989 revision Court Constitutive Law changed the name into judge.After Opium War, the western advanced judicature idea was brought to China, which broke traditional closed development in law system, China henceforth started the judicial modernization reform advancement. The Judge system takes a core role, and its reform has been the important content of judicial reform in modern times. Nanking KMT Government (1928-1949) is no exception. The Nanking KMT Government needed massive excellent judges with rich legal knowledge and experience to put its laws into practice. Therefore, the construction of judical system has been an important aspect at that time.The thesis here takes judge system in Nanking KMT Government as the object of study, and carries on preliminary introduction and analytical study of judge system in Nanking KMT Government on the basis of historical data collection as well as relative discussion.The main body of the thesis is divided into three parts:The first part, the historical origin of judge system in Nanking KMT Government. Firstly, it is the background information. The judicial reform in the end of Qing Dynasty is the beginning of judge system modernization. After 1911 Revolution, legal system construction has provided its system foundation. Then it is the theoretical origin introduction:Judicial Independence, Constitution of Five Powers, Separation of Rights and Power.The second part introduces the specific framework of Nanking KMT Government's judge system. (1) The judge selection system, including that of job qualification, examination system and appointment for judge. (2) The judge training system. (3) The judge assessment system. (4) The system of reward and penalties. (4) The pay package for judge, including the salary and wages, the retirement policy, the position guarantee system and the promoting system.The third part evaluates Nanking KMT Government's judge system on the whole, and gives an analysis of the reasonability and the drawbacks. At first, the author states the reasonability of Nanking KMT Government's judge system. Though it aims at maintaining domination, it reflects the modernization of judge system in terms of specific policy conducting, well connects to international standards, promotes the process of judge professionalization, and gets certain positive achievements. Secondly, it analyses the historical drawbacks of Nanking National Government's judge system, mainly from three aspects:the impossibility of judicial independence, the shortage of judges and the over-high standards for judge, and the lack of judicial resources.